General Process FAQs
How can I report inappropriate conduct to Civil?
- Call 301-402-4845 or 833-224-3829
- Submit concerns through the https://civilworkplace.nih.gov form
- Contact the Office of Intramural Training and Education if you are a trainee or fellow
Can I talk through my options confidentially first before officially reporting a concern?
To discuss your concerns with an office that operates under principles of confidentiality are not required to act, please call:
- Office of the Ombudsman on 301-594-7231
- Employee Assistance Program on 301-496-3164
Can reports be made anonymously?
Although reports cannot be made to Civil confidentially, they can be made anonymously, which means the reporting party does not have to identify themselves. However, Civil and management officials may have to follow up on all allegations and cannot guarantee that the reporting party’s identity will not become apparent during this process. Also, remaining anonymous requires key details about the allegation or concern to be omitted, which will limit the NIH’s ability to conduct an inquiry and take corrective action as warranted.
How does the NIH work to resolve inappropriate conduct, including harassment?
After the review is completed, Civil will send the close-out notification and full case file to the designated management official with the delegated authority to address the matter. The purpose of the process is to provide management with information to determine and implement timely and appropriate corrective action, if appropriate.
What is the difference between reporting to Civil and filing an EEO complaint?
Reporting a concern to Civil is not equivalent to or in lieu of filing an Equal Employment Opportunity (EEO) Complaint of Discrimination. Civil carries out NIH’s responsibility to conduct an administrative inquiry into allegations of inappropriate conduct, including harassment. This is a stand-alone requirement to ensure that all allegations are examined and addressed expeditiously.
An EEO complaint is initiated by the employee and the process is focused on investigating and resolving unlawful discrimination. It prevents the recurrence of unlawful discriminatory conduct but cannot require an agency to discipline its employees. Employees must file an EEO complaint within 45 days of the discriminatory incident to file a Pre-Complaint of Discrimination.
Once an EEO complaint is filed with an allegation of discriminatory workplace harassment, the Institute/Center/Office (ICO) and Civil are notified of the allegation, which will initiate NIH’s obligation to conduct an administrative inquiry. The line of questioning will be similar for both processes, so you may ask the Civil Specialist if you can use your EEO submission for the Civil inquiry process.
Does a complaint to the Civil Program have to be made within a certain timeframe?
There is no timeframe to report an allegation to the Civil Program. However, old information may limit the NIH’s ability to conduct a thorough inquiry and take corrective action. This timeframe differs from the EEO complaint process in which a complaint must be filed from 45 days of the discriminatory treatment.
Will I find out the results of the administrative inquiry?
The reporting party will receive notification that the inquiry is complete and with management to review and ensure a safe and civil work environment, but no other information will be provided. Civil does not release reports or findings, as they are responsible for safeguarding the privacy of all staff.
FAQs for Respondents
I’ve been accused of inappropriate conduct or harassment. What happens next?
Before contacting the respondent, Civil will reach out to prospective witnesses provided by the reporting party to obtain their perspectives on specific interactions. As the respondent, you will be contacted last, so you have the opportunity to respond in full to all allegations. to Waiting to be contacted can be stressful and uncomfortable and you are encouraged to utilize all of the NIH resources available to you, including the Office of the Ombudsman and the Employee Assistance Program.
You should answer the questions the Civil Specialist asks honestly and share your perspective. Please be as forthcoming as possible and provide any documentation that you think may be relevant. If you have any questions or concerns about the process or the questions that you are being asked to answer, you should reach out to the Civil Specialist directly. Additionally, if you are provided specific instructions by your supervisor during the inquiry (e.g., reporting to a different location, refraining from contacting specific individuals, etc.), please follow those instructions. These measures are not a presumption of guilt but protect both parties involved as Civil works to understand what occurred.
How long does an inquiry take?
To properly gather facts in an objective and thorough manner, effective administrative inquiries can take several weeks or longer. Many factors can contribute to the time it takes to complete an inquiry, including obtaining statements from multiple staff members, analyzing all the information provided, and coordinating with appropriate management officials and other stakeholders.
When will I get a chance to give my side of the story?
By design, your statement will be collected, or your interview will be held last, after all other statements or interviews are complete. This is so you have an opportunity to respond fully to all concerns raised.
What if my direct report is alleging harassment against me?
You should cooperate fully with the inquiry. Additionally, you should utilize guidance from your servicing Employee Relations Specialist and/or the Office of the Ombudsman.
Can management take action against me if Civil has not completed its inquiry?
Depending on the nature of the allegations, management may coordinate with Employee and Labor Relations, the Office of Intramural Training and Education, or the contract company, if applicable, to discuss available interim options pending the outcome of the inquiry. Examples of cases where this may be considered include, but are not limited to, allegations of a sexual nature or involving physical safety concerns. As the respondent, you may be moved to another office or placed on telework until more information is gathered. Interim actions are not indicative of a finding of policy violation and are implemented to ensure the safety and security of all staff during the inquiry process.
Do I have to participate or answer your questions?
Yes. In accordance with NIH Policy Manual Chapter 1311, every member of the NIH community is responsible for cooperating fully and truthfully in administrative inquiries into allegations of harassment and inappropriate conduct.
Is it okay for me to talk with my coworkers about the inquiry?
You should not talk to or confront any colleagues about this matter to preserve the integrity of the process. Those individuals may be asked for statements, and it is important that their statements are made in their own words based on their own perception. In addition, please be aware that retaliatory treatment towards any NIH employee or non-federal worker for reporting allegations or for participating as a witness in an administrative inquiry is prohibited. Communicating about the Civil process with individuals who may provide or have provided information to the Civil Program can be perceived as retaliatory or intimidating behavior. However, you are not prohibited from discussing such with your supervisory chain of command, Employee Relations Specialist, your EEO counselor or legal representative.
Can I have my lawyer look over these questions before I respond?
You are not prohibited from discussing the matter and the questions with your supervisory chain of command, Employee Relations Specialist, your EEO counselor, or legal representative.
Can I have a lawyer or representative present during my interview?
No, this is an administrative process which does not entitle you to representation during an interview. You may have your lawyer or representative review your response when you are provided the written notes from the interview.
I am a bargaining unit employee (BUE). Can I have my union representative present?
You may have your union representative present if you are a bargaining unit employee and invoke your Weingarten rights.
I would like to collect statements and character references on my own behalf for this process. Will that documentation be considered as part of the record?
If you have the names of witnesses who have direct knowledge of the allegation, please provide the names to the Civil Specialist, along with a brief statement of what knowledge they have. Reaching out to witnesses yourself could be perceived as interfering in the process and as retaliatory.
What protection do I have from people making false allegations?
This process ensures a thorough, objective review of all allegations that are reported. There is no presumption of guilt, and you will have an opportunity to respond to all allegations.
I was notified the Civil inquiry is now closed, what happens next?
The full case file is sent to the designated management official with the delegated authority to address the matter. They will provide any next steps and information to you.
Can I have a copy of the report? What were the findings?
Because Civil’s role is to review the allegations on behalf of NIH, findings are only released to the management officials with the delegated authority to address the matter. Any further communication on the case will come directly from them. To protect the privacy of all those directly involved, Civil does not release their findings to anyone else. Should the findings result in disciplinary action for an employee, they will have the opportunity to respond and receive due process at that time.
How can I trust that Civil is objective and not advocating for one side or another?
Civil’s role is to ensure that there is an objective, centralized review of allegations and that all allegations are subjected to the same process throughout NIH. Civil Specialists collect statements from witnesses and respondents to obtain a full picture of all perspectives involved.